Saturday, June 11, 2011

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  • shirish
    08-16 12:53 PM
    I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
    Not sure how long it will take.

    Hi All,

    My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?

    When i asked for the reason they are saying they did intentionally. Please clarify.





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  • keepwalking
    05-16 05:24 PM
    I applied for my EAD in the last week of Nov 10. I got mine in the first week of Jan 11.

    For the question of 'if she can leave while USCIS is processing her AP', I am not sure...

    My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.

    How long does it take to get the AP and EAD? Can she leave the country without the AP.





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  • ashkam
    07-18 02:17 PM
    If Skill Bill passes eventually, won't EB2 be beneficial over EB3.

    I used my EB2 (jan 2006) over EB3 (March 2005)

    SKIL doesnt look at EB2 or EB3, only whether you have a US graduate degree in STEM.





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  • Green.Tech
    07-18 01:37 PM
    It's hard to predict EB-2 vs. EB-3 movement but I would think that an earlier PD is the way to go.



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  • whoever
    01-22 12:24 PM
    like the url of the site you read it at? I am wondering when those numbers were published -- i mean which year they were published? was there any mention of how many applications are still pending at bec?





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  • sbabunle
    05-05 01:46 PM
    My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
    Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.

    When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.



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  • gimme Green!!
    07-25 05:13 PM
    I donate blood with the American Red Cross once every 2 months.
    The limit that you cannot donate if you visit India is 1 year, per them due to India being infested by (clearing my throat) 'MALARIA'.
    You are Ok if you just visitied the Himalayas and got back, though. The virus or whatever that causes it cannot live on high altitudes.


    this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.

    so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.





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  • kshitijnt
    06-03 05:40 PM
    Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

    This way even if you dont get full time offer you can defend self employment.

    W2 Contract can be a problem because of USCIS's perception of permanent job.



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  • sankap
    07-05 03:28 PM
    http://online.wsj.com/article_print/SB118359095890657571.html

    Reversal Frustrates Green-Card Applicants
    By MIRIAM JORDAN
    THE WALL STREET JOURNAL: July 5, 2007

    The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.

    In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.

    News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.

    "My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."

    Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.

    The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.

    A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.

    Write to Miriam Jordan at miriam.jordan@wsj.com1





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  • JunRN
    08-21 10:22 PM
    You got me there....anyway, nothing much we can do about it...let's just treat it as another delay from USCIS...



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  • namm80
    10-02 12:20 AM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

    This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.

    I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.





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  • cucubau
    10-17 03:39 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    Assuming I filed for I-485 before the retrogression mess.

    Thanks!



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  • Vic
    10-11 12:12 PM
    Hi everyone,

    I received an RFE for my I-140 application from the Nebraska Service Center around the requirement for my Master's degree. I had completed all the necessary course work in Spring 2003 and have official letters from the director of the dept stating that I have completed my course requirements and will graduate in 2003. As luck would have it - there were major administrative delays and I finally got my degree in 2006.

    My lawyer is concerned that in responding to the RFE - I might get a denial since the requirement was a Master's degree. But I have letters and on my official transcripts - it clearly shows that the last course work I attended in school was in 2003.

    I am confused and feeling helpless since I am afraid that I will get a denial and will need to restart my entire process from scratch.

    Has anyone been in a similar situation and gotten past it OR does someone have any ideas on how to get around this and come up with an RFE response that will get me the I-140 approval (EB2)?

    What makes it worse is that I already have the AP and EAD documents for myself and my spouse approved in hand.......and am hoping that I do not go through this ordeal all over again - this is the 3rd time I am going through the entire process - the first two times was because of company layoffs.





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  • FinalGC
    03-24 10:37 AM
    This is illegal, unless you agreed with your employer prior to joining them. They should have negotiated this prior to joining them. All H1 fees will need to be paid by employer.

    Work with your employer, dont get angry....Talk and reason with them, however if they insist you to sign, I would get rid of (3) and (4), since it does not make sense.



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  • GCBoy786
    10-08 05:14 PM
    What do u mean by that? I'm a July 2nd filer.





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  • HawaldarNaik
    03-04 06:07 PM
    Yes you can work from Home, i meant Home Country...:D



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  • waitin_toolong
    08-13 10:08 AM
    I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.

    You cannot be on H1 and use EAD for second job at the same time.





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  • gimme_GC2006
    06-27 07:32 PM
    I dont know how true it is..I found the article at this site

    Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)

    Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)


    I think this is sick if its real





    As a loyal reader of greatandhra.com shared a blasphemous incident with us through mail and we have written and uploaded that news yesterday. And that is about Lord Ganesh�s picture on beer bottles made by one of the US breweries.

    Ref: Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)

    Countless mails have inundated the mail box of greatandhra.com admin with sharing of anguish by hundreds of readers for this blasphemous act of that breweries company. They stated that they have contacted that Lost Coast Brewery with a complaint and also forwarded the response mails from that company. All the forwarded mails have got the same �copy-paste� response from Lost Coast GM/Sales. Here is that:

    �Your words, thoughts and beliefs are part of a culture that I personally respect and believe that the owner group of the brewery share with me. Please note that I will act to evaluate this issue and meet directly with the owner group towards mitigating your concerns. You have contacted the correct person for your concerns and they have not fallen upon deaf ears. Best Regards, Harmony and Peace.

    Briar Bush
    GM/Sales Director
    Lost Coast Brewery�

    It is good that many are fighting with that company to see the bottles removed from stalls immediately. The follow up on this incident requires continuous force and Hindu community should see that such blasphemy will not repeat again. And also ensure that those beer bottles are not in market with Lord Ganesh or any other divine picture of Hindu religion. Some suggested to make this news reach Sivasena, RSS and VHP as well. And we wish our readers do that as the voice of thousands will be louder than that of one.





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  • chi_shark
    06-24 04:28 PM
    i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.

    If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
    Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?





    vedicman
    10-28 12:53 PM
    Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)

    America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.

    what visa are these legal immigrants coming on?


    Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.

    The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!





    chi_shark
    05-07 11:21 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...



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